A superseding indictment is a formal legal document issued by a grand jury that replaces a previous indictment in a criminal case. It updates or adds charges, changes the factual basis, or modifies the defendants listed. Here are the key points:Key Features:
- Replacement: It replaces an earlier indictment with new or revised charges.
- Additional Charges: It can include additional charges not present in the original indictment.
- New Defendants: It can add new defendants or modify the charges against existing ones.
- Updated Information: It reflects new evidence or information obtained during the ongoing investigation.
Purpose:
- Flexibility: Allows prosecutors to adapt to new developments in the case.
- Comprehensive Prosecution: Ensures that all relevant charges and defendants are included based on the latest available evidence.
- Clarity: Provides a clear and updated statement of the charges against the defendants, which is important for legal proceedings and the defense's preparation.
Process:
- Grand Jury Review: Like the original indictment, a superseding indictment must be reviewed and approved by a grand jury.
- Filing and Notification: Once approved, it is filed with the court, and the defendants are notified of the changes.
Impact:
- Defendant's Rights: Defendants have the right to be informed of any new charges and to respond accordingly.
- Legal Proceedings: The case proceeds based on the superseding indictment, which may alter the strategy of both the prosecution and the defense.
Summary of Superseding Indictment No. 09 CR 383:Case Information:
- Case Number: No. 09 CR 383
- Judge: Ruben Castillo
- Type: Superseding Indictment
Violations Cited:
- Title 21, United States Code:
- Section 841: Relates to the manufacturing, distributing, or dispensing of controlled substances, or possession with intent to do so.
- Section 846: Concerns attempts or conspiracies to commit any offense defined in this subchapter, including drug trafficking offenses.
- Section 952(a): Prohibits the importation of controlled substances into the United States.
- Section 960: Specifies penalties for the importation and exportation of controlled substances.
- Section 963: Addresses conspiracies to violate any provision of this subchapter, including import and export violations.
- Title 18, United States Code:
- Section 2: Covers the principle of aiding and abetting, meaning anyone who aids, abets, counsels, commands, induces, or procures the commission of an offense against the United States is punishable as a principal.
Key Points:
- Superseding Indictment: This document replaces a previous indictment with updated charges and information.
- Drug-Related Charges: The cited violations primarily relate to drug trafficking, manufacturing, distribution, and importation, as well as conspiracy to commit these offenses.
- Aiding and Abetting: The inclusion of Title 18, Section 2, indicates that individuals involved may have also been charged with assisting or facilitating these crimes.
The defendants:
JOAQUIN GUZMAN-LOERA,
a/k/a “El Chapo,”
a/k/a “Chapo Guzman,”
ISMAEL ZAMBADA-GARCIA,
a/k/a “El Mayo,”
a/k/a “Mayo Zambada,”
JESUS VICENTE ZAMBADA-NIEBLA,
a/k/a “Vicente Zambada-Niebla,”
a/k/a “Vicente Zambada,”
a/k/a “Mayito,”
a/k/a “30 ”
ALFREDO GUZMAN-SALAZAR,
a/k/a “Alfredillo,”
ALFREDO VASQUEZ-HERNANDEZ,
a/k/a “Alfredo Compadre,”
FIRST NAME UNKNOWN, LAST NAME
UNKNOWN,
a/k/a “Juancho,”
GERMAN OLIVARES,
FELIPE LAST NAME UNKNOWN,
TOMAS AREVALO-RENTERIA,
PEDRO FLORES, and
MARGARITO FLORES
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to contact me:
bobbycapucci@protonmail.com
source:
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